Polsinelli Podcasts - Removing Caps on Punitive Damages: What is the Impact on Business?

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Time will reveal the impact from the Missouri Supreme Court’s decision to remove caps on punitive damages. Some say it could either be helpful for consumers or a deterrent to job creation. Recently, the court ruled that a 2005 law capping punitive damages at $500,000 or five times the net amount of the judgment doesn’t apply to some common law claims, such as fraud.

The decision came out of a case originally tried in Clay County Circuit Court See more +

Time will reveal the impact from the Missouri Supreme Court’s decision to remove caps on punitive damages. Some say it could either be helpful for consumers or a deterrent to job creation. Recently, the court ruled that a 2005 law capping punitive damages at $500,000 or five times the net amount of the judgment doesn’t apply to some common law claims, such as fraud.

The decision came out of a case originally tried in Clay County Circuit Court in which a woman accused a local car dealer of fraudulent advertising. The jury originally awarded her $100,000 in actual damages as well as $1 million in punitive damages, though that was later reduced. She appealed, and the case went to the Missouri Supreme Court.

In this week's Polsinelli Podcast, Shareholder Todd Bartels explores the issue. Todd has extensive trial and litigation experience in complex disputes. For more information go to www.polsinelli.com

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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